The situation arises occasionally when delictual harm is committed in less developed countries by multinational businesses operating from developed countries. For various reasons, such as established legal procedures in dealing with group actions or the prospect of higher damages being awarded by a foreign forum or being precluded from proceeding in their national courts because their claims are time barred or prescribed, it is considered appropriate by claimants to have their actions brought before a foreign court.
Lucky Phakeng examines the application of the Securities Regulation Code on Takeovers and Mergers and the rules of the Securities Regulation Panel in the disposal of company assets and asks whether there is sufficient minority shareholder protection during such disposals.
It is common knowledge that one of the biggest problems that a practitioner has to deal with is the collection of outstanding book debt. The debt usually comprises not only fees charged for professional services rendered, but in many instances will include disbursements made or to be made to third parties, such as counsel and tracing agents. As positive cash flow is the lifeblood of a professional practice, the collection of book debt is a vital part of the management process. It is also known that clients' reluctance to pay their accounts is a phenomenon not unique to South African practitioners but universal.
The Constitutional Court was conceived, primarily, as an appellate court (see also our article 'In which forum to litigate?' in 2004 (Sept) DR 30 and 'Step-by-step' practice note 'Appeals to the Constitutional Court' in 2004 (Aug) DR 32). There are, however, two ways in which the court can be approached as a court of first instance - firstly, where the court has exclusive jurisdiction over the dispute and secondly, where it is in the interests of justice.
The taxation of foreign dividends was introduced into the South African tax system in 2000 by s 9E of the Income Tax Act 58 of 1962 (the Act). However, when the Revenue Laws Amendment Act 45 of 2003 was promulgated on 22 December 2003 it repealed s 9E. That was not, however, an immediate farewell bid to the taxation of foreign dividends. The amended tax treatment of foreign dividends is now incorporated into various other sections of the Act.
Curing procedural defects Employers sometimes act in a procedurally unfair manner in dismissing employees and then wish to cure the defect by offering the employee reinstatement. The employee must then decide whether to accept the offer of reinstatement or to persist with an unfair dismissal claim. If he accepts the offer, the employment relationship is restored. If not, the employee faces the risk that his unfair dismissal claim may be dismissed on the basis that the employer's offer of reinstatement cured the procedural defect.
Does s 173 read with s 39(2) of the Constitution exclude the operation of the doctrine of stare decisis? The doctrine of stare decisis, (which comes from the Latin maxim, stare decisis et non quieta movere) means one stands by (previous) decisions and does not disturb settled points.